TERMS AND CONDITIONS OF ACCESS OR USE

Effective 15th OCTOBER 2020

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

Cymatic respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.

In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach. 

Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.

Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this.

We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’.

We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Cymatic for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Cymatic with respect to such actions or omissions.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Cymatic.

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Cymatic by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your personal information as laid out in Cymatic's Privacy Policy (as may be updated from time to time). You agree that Cymatic may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy. You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Cymatic and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Cymatic used on or in connection with the Site, Application, Services, and Cymatic Content are trademarks or registered trademarks of Cymatic in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Cymatic Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Cymatic's Trademark & Branding Guidelines (as may be updated from time to time).

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Cymatic is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cymatic of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Cymatic and you hereby irrevocably assign to Cymatic and agree to irrevocably assign to Cymatic all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Cymatic's request and expense, you will execute documents and take such further acts as Cymatic may reasonably request to assist Cymatic to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Cymatic respects copyright law and expects its users to do the same. It is Cymatic's policy to terminate in appropriate circumstances the Cymatic Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

This Agreement shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or Cymatic terminate the Agreement as described below.

You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Cymatic Account, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Cymatic may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

You agree to release, defend, indemnify, and hold Cymatic and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) enrolment of an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.

Except as they may be supplemented by additional Cymatic policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Cymatic and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cymatic and you regarding enrolments, the Site, Application, Services, and Collective Content (excluding Payment Services).

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cymatic (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

The failure of Cymatic to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cymatic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE



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